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Each year many thousands of workers are injured in the course of their employment, whether on their way to or from work, on a building site, in an office or on a farm.

In every State and Territory of Australia, workers compensation laws operate to compensate these injured workers. However, depending on where you work, who is at fault for the injury and the severity of the injury, people have different rights to compensation available to them.

Here is a brief summary of the workers compensation rights of people injured in Australia.

(a) NSW

 

(i) If your employer was not negligent leading to your injury, you are entitled to compensation pursuant to the Workers Compensation Act (1987) as follows for your injuries:

   

(i) Weekly payments of compensation
(ii) Medical Expenses
(iii) Travel Expenses
(iv) Permanent Impairment Compensation

 

(ii) If your employer was negligent and this led to your injury, you are entitled to compensation at Common Law for your injuries, subject to the limitations and restrictions contained in the Workers Compensation Act (1987) as amended:

   

(i) Economic Loss
(ii) Medical Expenses and other Out of Pocket Expenses
(iii) Travel Expenses
(iv) General Damages (Pain and Suffering)
(v) Lost Superannuation

(b) ACT

 

(i) If your employer was not negligent leading toyour injury, you are entitled to compensation pursuant to theWorkers Compensation Act (1951) as follows for your injuries:

   

(i) Weekly payments of compensation
(ii) Medical Expenses
(iii) Travel Expenses
(iv) Permanent Impairment Compensation

 

For these types of cases, you are not liable to paymentof any of our costs and disbursements out of your settlement proceeds. We are paid by the insurance company at the end of your case in addition to your compensation and only if your case is successful and you receive compensation.

(ii) If your employer was negligent and this led to your injury, you are entitled to compensation at Common Law for your injuries, subject to the limitations and restrictions contained in the Workers Compensation Act (1951) as amended:

   

(i) EconomicLoss
(ii) Medical Expenses and other Out of Pocket Expenses
(iii) Travel Expenses
(iv) General Damages (Pain and Suffering)
(v) Lost Superannuation

(c) Qld

 

(i) If your employer was not negligent leading to your injury, you are entitled to compensation pursuant to the Workers CompensationAct (1987) as follows for yourinjuries:

   

(i) Weekly payments of compensation
(ii) Medical Expenses
(iii) Travel Expenses
(iv) Permanent Impairment Compensation

 

(ii) If your employer was negligent and this led to your injury, you are entitled to compensation at Common Law for your injuries, subject to the limitations and restrictions contained in the Workers Compensation Act (1987) as amended:

   

(i) Economic Loss
(ii) Medical Expenses and other Out of Pocket Expenses
(iii) Travel Expenses
(iv) General Damages (Pain and Suffering)
(v) Lost Superannuation

(d) Commonwealth Public Servants

 

(i) If the Government was not negligent leading to your injury, you are entitled to compensation pursuant to the Safety, Rehabilitation and Compensation Act (1988) as follows for your injuries:

   

(i) Weekly payments ofcompensation
(ii) Medical Expenses
(iii) Travel Expenses
(iv) Permanent Impairment Compensation

 

(ii) If the Government was negligent and this led to your injury, you are entitled to compensation at Common Law for your injuries, subject to the limitations and restrictions contained in the Safety, Rehabilitation and Compensation Act (1988) as amended:

   

(i) Economic Loss
(ii) Medical Expenses and other Out of Pocket Expenses
(iii) Travel Expenses
(iv) General Damages (Pain and Suffering)
(v) Lost Superannuation

(e) Victoria

 

(i) If your employer was not negligent leading to your injury, you are entitled to compensation pursuant to the Workers Compensation Act (1987) as follows for your injuries:

   

(i) Weekly payments ofcompensation
(ii) Medical Expenses
(iii) Travel Expenses
(iv) Permanent Impairment Compensation

 

(ii) If your employer was negligent and this led to your injury, you are entitled to compensation at Common Law for your injuries, subject to the limitations and restrictions contained in the Workers Compensation Act (1987) asamended:

   

(i) Economic Loss
(ii) Medical Expenses and other Out of Pocket Expenses
(iii) Travel Expenses
(iv) General Damages (Pain and Suffering)
(v) Lost Superannuation

Look over our fees here or one of our case studies here.

Meet Our Solicitors
Daniel D. Steiner
Senior Partner
Paul W. Crabb
Managing Partner
Michael S. Flynn
Associate
Basem M. Seif
Solicitor
David L. Chen
Special Counsel
Personal Injury Law